(a) A convicted defendant sentenced to a period of confinement under the supervision of the Department of Corrections shall be subject to the following provisions, unless the defendant is released to a term of probation or released on parole under [ this chapter:

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Terms Used In Alabama Code 15-22-26.2

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • following: means next after. See Alabama Code 1-1-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) If the defendant is sentenced to a period of five years or less, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than three months and no more than five months prior to the defendant’s release date[.
(2) If the defendant is sentenced to a period of more than five years but less than 10 years, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than six months and no more than nine months prior to the defendant’s release date.
(3) If the defendant is sentenced to a period of 10 years or more, he or she shall be released by the department to supervision by the Board of Pardons and Paroles no less than 10 months and no more than [ 12 months prior to the defendant’s release date.
(b) This section shall not apply to a defendant convicted of any sex offense involving a child, as defined in Section 15-20A-4.
(c) Prior to the defendant’s release to supervision pursuant to this section, notice of the release shall be provided by the department to the victim and interested parties through the victim notification system established pursuant to Section 15-22-36.2 .
(d)

(1) An offender released to supervision pursuant to this section shall be released to the supervision of the Board of Pardons and Paroles and shall be subject to this article.
(2) The board shall determine the level of supervision required for an offender based on the results of a validated risk and needs assessment.
(e)

(1) An offender released pursuant to this section shall be subject to electronic monitoring for a period of time determined by the director.
(2) The board shall be responsible for the costs of the electronic monitoring as required by this subsection.
(f) This section applies to a defendant in the custody of the department without regard to when he or she was sentenced for or committed the crime.[
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